LEVESQUE v. F. H. McGRAW & CO.

Nos. 116, 117, Dockets 20829, 20830.

165 F.2d 585 (1948)

LEVESQUE v. F. H. McGRAW & CO. et al. TETRAULT v. SAME.

Circuit Court of Appeals, Second Circuit.

January 13, 1948.


Attorney(s) appearing for the Case

John F. X. McGohey, of New York City (William T. Ard, of Jersey City, N. J., of counsel), for appellants.

Forrest E. Single, of New York City (Enrico S. Sanfilippo, of New York City, of counsel), for appellees.

Before CHASE, CLARK, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. All other questions aside, we see no justification for allowing overtime at 1½ times the regular rate. The Fair Labor Standards Act, 29 U.S.C.A. Chapter 8, does not apply to seamen who serve as navigators of self-propelled barges.1 Plaintiffs cannot in any way be aided by the so-called Eight-Hour Law, 40 U.S.C.A. Chapter 5, since they were not "laborers" or "mechanics";2 nor by...

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